marry charles macharo vs kibaha district council 2022 tzhc 12614 31 august 202

marry charles macharo vs kibaha district council 2022 tzhc 12614 31 august 202

The plaintiff lawfully purchased 95 acres of land from indigenous owners, and the purported rectification/cancellation of her titles by the Commissioner for Lands and Kibaha District Council was unlawful, unjustified, and of no legal effect. The defendants failed to prove the alleged fraud, forgery, or lack of ownership by the plaintiff. Any acquisition of the land by the government must comply with the Land Acquisition Act.

Citation
marry charles macharo vs kibaha district council 2022 tzhc 12614 31 august 202
Parties
Plaintiff: Marry Charles Mcharo; 1st Defendant: Kibaha District Council; 2nd Defendant: Hassain Salehe Mikole; 3rd Defendant: Said Hemedi; 4th Defendant: Ally Msimulia; 5th Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's claims succeed to the extent explained in the judgment.
Legal Topics
Land Ownership, Title Rectification, Land Acquisition, Trespass, Permanent Injunction
Source Language
English
Land Law Land Ownership Title Rectification Land Acquisition Trespass Permanent Injunction

Case Brief

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Parties

Marry Charles Mcharo

Plaintiff

Kibaha District Council

1st Defendant

Hassain Salehe Mikole

2nd Defendant

Said Hemedi

3rd Defendant

Ally Msimulia

4th Defendant

Attorney General

5th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff lawfully owns the 101 acres of land in dispute
  2. 2 Whether the rectification/cancellation of the plaintiff's land titles was lawful
  3. 3 Whether the 2nd, 3rd, and 4th defendants are trespassers

Ratio Decidendi

The plaintiff lawfully purchased 95 acres of land from indigenous owners, and the purported rectification/cancellation of her titles by the Commissioner for Lands and Kibaha District Council was unlawful, unjustified, and of no legal effect. The defendants failed to prove the alleged fraud, forgery, or lack of ownership by the plaintiff. Any acquisition of the land by the government must comply with the Land Acquisition Act.

Court Disposition

Plaintiff's claims succeed to the extent explained in the judgment.

Orders

  • The suit land measuring 95 acres belongs to the late Charles Mcharo and is lawfully administered by Marry Charles Mcharo.
  • The rectification/cancellation of the plaintiff's land titles is annulled as unlawful and of no legal effect.